High Court strikes out civil suit against Najib
KUALA LUMPUR: Umno received a “New Year gift” when a civil suit filed by a former member of Langkawi Wanita Umno against its two office-bearers on a “political donation” of RM2.6bil for use and benefit of the party was struck out by a High Court.
Yesterday, Umno president Datuk Seri Najib Tun Razak and its public officer Datuk Ab Rauf Yusoh succeeded in their bid to strike out the suit.
In his ruling, High Court Judicial Commissioner Mohd Zaki Abdul Wahab said he found the plaintiff “does not have reasonable cause of action”.
Anina Saadudin had claimed to have filed the civil action for the benefit of Umno and its members.
In elaborating, JC Mohd Zaki said Anina had no legal standing to bring the civil action as she was not a public officer or office-bearer of the party to do so as stipulated under Section 9(c) of the Societies Act 1966.
He said he agreed with the contention of the defendants’ lead counsel Datuk Mohd Hafarizam Harun that only a public officer and the office-bearer of the party would be the competent person to initiate such legal actions.
JC Mohd Zaki said Anina must continuously be a party member in order to be able to bring derivative action.
“It (her status) changes when she was terminated by the party. The plaintiff cannot proceed with the derivative action when she is no longer an Umno member,” he added.
Besides that, he said, it involved internal party matters.
He ordered Anina to pay RM5,000 in costs to each defendant.
Speaking to reporters later, Mohd Hafarizam described the decision as a “good New Year gift for Umno”.
“With this decision, we hope it will put to rest any attempts to put Umno to scandal and public odium,” he said.
Anina’s lawyer Mohamed Haniff Khatri Abdulla said they would appeal against the decision.
“We will carry on to the next level,” said Anina.
She had said she was a lawful member of the party when she filed the derivative action on Aug 28.
Among others, Anina sued Najib for the return of part of the RM2.6bil donation allegedly deposited into a Singapore bank account.
In asking for an account for all monies received by Najib in the form of donations, Anina claimed that the Prime Minister had breached the Umno constitution, the provisions of the Societies Act 1966 and his common-law duties as a trustee.
Mohd Hafarizam had argued that the civil action was scandalous, frivolous, vexatious and an abuse of court process filed with an ulterior purpose which ought to be struck out by the court.
He also argued that Anina had automatically lost her membership when she brought the civil action, as clearly provided for under Article 20.7 of the Umno constitution.
He noted that another High Court had on Dec 7 also struck out Anina’s challenge over the termination of her membership on grounds that it had no jurisdiction to hear the matter.
Mohamed Haniff has applied for the civil dispute to be heard in a full trial, saying that there was no decision ever made by Umno with regard to the RM2.6bil donation.
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